Protect Your Settlements™ Website Terms and Conditions

You (“end-user,” “you” or “your”) agree to the following Protect Your Settlements™ Website Terms and Conditions (“Terms and Conditions”), in their entirety, when you: (a) access or use the Protect Your Settlements™ website located at www.protectyoursettlements.com (the “Site”); b) access and/or view any of the text, video and/or other information made available on the Site (the “Content”); and/or (c) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Protect Your Settlements™ and/or Protect Your Settlements’™ third-party annuity/structured settlement service providers (“Third Party Service Provider”) in order to receive quotes and other information associated with the annuity/structured settlement products and/or services (“Third Party Products”) as offered by the Third Party Service Providers (collectively, the “Contact Services,” and together with the Site and Content, the “Protect Your Settlements™ Offerings”). The Protect Your Settlements™ Offerings are made available by Revenate Media (“Protect Your Settlements™,” “we,” “our” or “us”).

The following Terms and Conditions are inclusive of the Protect Your Settlements™ Privacy Policy (“Privacy Policy”), and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). By using and/or accessing the Protect Your Settlements™ Offerings, you agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF AN END-USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT END-USER IS NOT AUTHORIZED TO USE THE Protect Your Settlements™ OFFERINGS IN ANY MANNER OR FORM.

Protect Your Settlements™ provides informational services only, which may not be entirely accurate or up to date. Protect Your Settlements™ does not itself provide any of the Third Party Products. Protect Your Settlements™ is not a banking institution, lender, broker, borrower or other financial services provider. Protect Your Settlements™ is not engaged in rendering advice associated with any legal and/or financial matter and nothing we do and no element of the Protect Your Settlements™ Offerings should be construed as such. The Protect Your Settlements™ Offerings are not a substitute for professional financial and/or legal advice. You should always check with your attorney, accountant and/or other financial services providers to ensure that any Third Party Products or other advice, products and/or services offered by and through the Protect Your Settlements™ Offerings are appropriate for you. Reliance on any information and/or links made available to you by and through the Protect Your Settlements™ Offerings is solely at your own risk. Protect Your Settlements™ disclaims any and all liability for any loss, damage or injury based on products, services and/or information directly or indirectly obtained through the Protect Your Settlements™ Offerings.

  1. 1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between you and Protect Your Settlements™ with respect to your use of the Protect Your Settlements™ Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Protect Your Settlements™ may amend the Agreement from time to time in its sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any Protect Your Settlements™ Offerings. By your continued use of the Protect Your Settlements™ Offerings, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
  2. 2. Requirements; Termination of Access to the Protect Your Settlements™ Offerings. The Protect Your Settlements™ Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Protect Your Settlements™ Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and/or if you are unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the Protect Your Settlements™ Offerings. Protect Your Settlements™ may terminate your access to the Protect Your Settlements™ Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Protect Your Settlements™ believes that you are: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Protect Your Settlements™ Offerings.
  3. 3. Third Party Products. Where you wish to be contacted by Protect Your Settlements™ and/or the Third Party Service Providers in order to receive information and quotes pertaining to the Third Party Products, you must supply: (a) your full name; (b) your e-mail address; (c) your telephone number; (d) whether or not you are the recipient of structured settlement and/or annuity payments; and (e) any other information requested in connection with the registration form (the “Contact Data”). You agree to provide true, accurate, current and complete Contact Data. Protect Your Settlements’™ use of Contact Data, including providing that Contact Data to the Third Party Service Providers, shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

    Please be advised that Protect Your Settlements™ does not itself provide Third Party Products, and the ultimate terms and conditions of any such Third Party Products will be determined by the applicable Third Party Service Provider. You understand and agree that Protect Your Settlements ™ shall not be liable to you or any third party for any claims related to the Third Party Products offered by any Third Party Service Provider.

    Please be advised that the Contact Data submitted by you, and any and all other information provided by you to Protect Your Settlements™, is not protected by the attorney-client privilege, and submitting this Contact Data does not create an attorney-client relationship.

  4. 4. Non-Endorsement; Passive Conduit.

    (a) Protect Your Settlements™ does not sponsor, recommend or endorse any Third Party Service Provider that is accessible by or through the Protect Your Settlements™ Offerings. The Protect Your Settlements™ Offerings facilitate communication between end-users and potential Third Party Service Providers. The Third Party Service Providers that are accessible by and through the Protect Your Settlements™ Offerings pay a fee for access to the end-users that utilize the Protect Your Settlements™ Offerings. Protect Your Settlements™ does not guarantee that you will successfully find any applicable Third Party Product, or other product and/or service, through the Protect Your Settlements™ Offerings.

    (b) Please use caution and common sense when using the Protect Your Settlements™ Offerings. Protect Your Settlements™ in no way endorses the content or legality of any responses, statements or promises made by Third Party Service Providers or any other parties featured through the Protect Your Settlements™ Offerings.

    (c) The determination as to the suitability or value of applicable products and/or services should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Service Provider. Protect Your Settlements™ does not review the standing of any Third Party Service Providers with any regulatory authority. Protect Your Settlements™ is not responsible for, and in no way endorses, any description or indication of specialization or limitation of any Third Party Service Provider that is accessible through the Protect Your Settlements™ Offerings. Therefore, Protect Your Settlements™ makes no representation regarding the status, standing, trustworthiness, honesty, integrity, behavior and/or ability of any Third Party Service Provider. End-users should make an independent investigation of, and confirm and verify all claims made by, the Third Party Service Providers. You are encouraged to use caution when reviewing any information made available by Third Party Service Providers.

    (d) Protect Your Settlements™ does not involve itself in the agreements between end-users and Third Party Service Providers or the actual provision of Third Party Products in connection with the relationships created thereby. Therefore, Protect Your Settlements™ does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its end-users or Third Party Service Providers. Each end-user, and not Protect Your Settlements™, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that the end-user contacts via the Protect Your Settlements™ Offerings.

  5. 5. Interactions. End-users are solely responsible for their interactions with Third Party Service Providers and other third parties featured through the Protect Your Settlements™ Offerings. Because Protect Your Settlements™ is not involved in interactions with Third Party Service Providers, in the event that you have a dispute with one or more Third Party Service Providers and/or other third-parties, you hereby release Protect Your Settlements™ from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
  6. 6. Representations and Warranties. You hereby represent and warrant to Protect Your Settlements ™ as follows: (a) the Agreement constitutes your legal, valid and binding obligation which is fully enforceable against you in accordance with its terms; and (b) you understand and agree that you have independently evaluated the desirability of utilizing the Protect Your Settlements™ Offerings and that you have not relied on any representation and/or warranty other than those set forth in the Agreement.
  7. 7. Indemnification. You agree to indemnify, defend and hold Protect Your Settlements™ , its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) any dispute between you and any Third Party Service Provider or other third party featured through the Protect Your Settlements™ Offerings; (b) your breach of the Agreement and/or any representation or warranty contained herein; and/or (c) your use of the Protect Your Settlements™ Offerings in any manner whatsoever. The provisions of this Section 7 are for the benefit of Protect Your Settlements™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
  8. 8. License Grant. You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Protect Your Settlements™ Offerings. Protect Your Settlements™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Protect Your Settlements™ , you may only use the Protect Your Settlements™ Offerings for your own personal, non-commercial use. No part of the Protect Your Settlements™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No end-user or other third party may: (a) use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Protect Your Settlements™ Offerings except as expressly permitted by Protect Your Settlements™; (b) use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Protect Your Settlements™ Offerings, or any portion thereof; (c) create any “derivative works” by altering any aspect of the Protect Your Settlements™ Offerings; (d) use the Protect Your Settlements™ Offerings in conjunction with any other third-party content; and/or (e) exploit any aspect of the Protect Your Settlements™ Offerings for any commercial purposes not expressly permitted by Protect Your Settlements™. You further agree to indemnify and hold Protect Your Settlements™ harmless for your failure to comply with this Section 8. Protect Your Settlements™ reserves any rights not explicitly granted in the Agreement.
  9. 9. Proprietary Rights. The Protect Your Settlements™ Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any end-user or other third party of any part of the Protect Your Settlements™ Offerings is strictly prohibited. No end-user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Protect Your Settlements™ Offerings. The posting of information or material by and through the Protect Your Settlements™ Offerings does not constitute a waiver of any right in or to such information and/or materials.
  10. 10. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Protect Your Settlements™ Offerings is a violation of criminal and civil law and Protect Your Settlements™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
  11. 11. Disclaimer of Warranties. THE PROTECT YOUR SETTLEMENTS™ OFFERINGS, THIRD PARTY PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO END-USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PROTECT YOUR SETTLEMENTS™ MAKES NO WARRANTY THAT THE PROTECT YOUR SETTLEMENTS™ OFFERINGS, THIRD PARTY PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY END-USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY END-USER TO OBTAIN THIRD PARTY PRODUCTS AND/OR REALIZE ANY SPECIFIC FINANCIAL BENEFIT AND/OR OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE PROTECT YOUR SETTLEMENTS™ OFFERINGS, THIRD PARTY PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PROTECT YOUR SETTLEMENTS™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE PROTECT YOUR SETTLEMENTS™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY END-USER FROM PROTECT YOUR SETTLEMENTS™ OR OTHERWISE THROUGH OR FROM THE PROTECT YOUR SETTLEMENTS™ OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
  12. 12. Limitation of Liability. EACH END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT PROTECT YOUR SETTLEMENTS™ SHALL NOT BE LIABLE TO THAT END-USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROTECT YOUR SETTLEMENTS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE PROTECT YOUR SETTLEMENTS™ OFFERINGS, THIRD PARTY PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE PROTECT YOUR SETTLEMENTS™ OFFERINGS; (C) ANY DISPUTE BETWEEN ANY END-USERS, THIRD PARTY SERVICE PROVIDERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTACT DATA; (E) THE FAILURE TO OBTAIN THIRD PARTY PRODUCTS AND/OR REALIZE ANY SPECIFIC FINANCIAL BENEFIT AND/OR OUTCOME; OR (F) ANY OTHER MATTER RELATING TO THE PROTECT YOUR SETTLEMENTS™ OFFERINGS, THIRD PARTY PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH END-USER HEREBY RELEASES PROTECT YOUR SETTLEMENTS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PROTECT YOUR SETTLEMENTS™ TO ANY END-USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PROTECT YOUR SETTLEMENTS™ OFFERINGS, THIRD PARTY PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY END-USER OR PROTECT YOUR SETTLEMENTS™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH END-USER AND PROTECT YOUR SETTLEMENTS™. ACCESS TO THE PROTECT YOUR SETTLEMENTS™ OFFERINGS AND THIRD PARTY PRODUCTS WOULD NOT BE PROVIDED TO END-USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PROTECT YOUR SETTLEMENTS™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  13. 13. Third Party Websites. The Protect Your Settlements™ Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, Third Party Service Provider websites. Protect Your Settlements™ does not control the information, products or services made available on, by or through these third party websites. The inclusion of any link does not imply endorsement by Protect Your Settlements™ of the applicable website or any association with the website’s operators. Because Protect Your Settlements™ has no control over such websites and/or resources, you agree that Protect Your Settlements™ is not responsible or liable for the availability or the operation of such external websites, for any material or product/service offers located on or available from or through any such websites or for the protection of any of your data by third parties. You further agree that Protect Your Settlements™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material or product/service offers available on, by or through any such website.
  14. 14. Editing, Deleting and Modification. Protect Your Settlements™ reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
  15. 15. Use of End-User Information. All material submitted by end-users through or in association with the Protect Your Settlements™ Offerings, including, without limitation, the Contact Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
  16. 16. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Protect Your Settlements™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here[INSERT LINK]. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here[INSERT LINK]. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

    To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Protect Your Settlements™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Protect Your Settlements™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

  17. 17. Miscellaneous. To the extent that anything in or associated with the Protect Your Settlements™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Protect Your Settlements™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Protect Your Settlements™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  18. 18. Contact Us. If you have any questions about the Agreement, Protect Your Settlements™ Offerings or the practices of Protect Your Settlements™, please feel free to contact us at 1-800-518-4072 or at support @ user - help.com.